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SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 11

SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 11

11—Court may make declaration

        (1)         The Court may make a declaration on an application made under this Part in relation to an organisation if satisfied that—

            (a)         members of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity; and

            (b)         the organisation represents a risk to public safety and order in this State.

        (2)         In considering whether or not to make a declaration, the Court may have regard to the following:

            (a)         information suggesting that a link exists between the organisation and serious criminal activity;

            (b)         any convictions recorded against—

                  (i)         current or former members of the organisation; or

                  (ii)         persons who associate, or have associated, with members of the organisation;

            (c)         information suggesting that—

                  (i)         current or former members of the organisation; or

                  (ii)         persons who associate, or have associated, with members of the organisation,

have been, or are, involved in serious criminal activity, whether directly or indirectly and whether or not the involvement resulted in convictions;

            (d)         information suggesting that members of an interstate or overseas chapter or branch of the organisation (however described) associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity;

            (e)         anything else the Court considers relevant.

        (3)         A declaration may be made whether or not any of the persons who are entitled to make or provide submissions in relation to the application take advantage of that opportunity.

        (4)         Members of an organisation may "associate" for the purposes of this section in any manner including merely by being members of the organisation.

        (5)         The Court may, for the purposes of making the declaration, be satisfied that members of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity—

            (a)         whether all the members associate for that purpose or only some of the members; and

            (b)         whether members associate for that purpose in relation to the same serious criminal activity or different serious criminal activity; and

            (c)         whether or not the members also associate for other purposes.